Lowrey, Gerald Mac

Opinion

PD-1053-15

PD-1053-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

August 17, 2015 Transmitted 8/12/2015 10:19:53 AM Accepted 8/17/2015 12:18:33 PM ABEL ACOSTA

CLERK

NO. _____________________

GERALD M AC LOW REY § IN THE COURT OF §

VS. § CRIMINAL APPEALS §

STATE OF TEXAS § OF TEXAS

COURT OF APPEALS NUMBER 06-14-00172-CR

M O TIO N TO EXTEN D TIM E TO FILE PETITIO N FO R D ISC R ETIO N A R Y R EVIEW

TO THE HONORABLE JUDGES OF SAID COURT:

Now comes Gerald M ac Lowrey, Appellant in the above styled and numbered cause, and moves for an extension of time of 60 days to file a petition for discretionary review, and for good cause shows the following:

1. On July 14, 2015, the Sixth District Court of Appeals affirmed appellant's conviction. G erald M ac Low rey v. State, Cause number 06-14-00172- CR. This petition is therefore due on August 13, 2015.

2. Appellant has indicated to the undersigned attorney that he wishes to file a Petition for Discretionary Review. The undersigned attorney was Appellant’s court appointed attorney on appeal to the Court of Appeals. The undersigned attorney is filing this M otion so that Appellant can make arrangements to file his Petition for Discretionary Review w ith the Court of Criminal Appeals. The undersigned is presently representing Appellant for the limited purposes of filing this M otion. Appellant has been unable to complete the petition for the following reasons: Appellant is truck driver, and is currently driving over the road. He does not have the education or training to file his own Petition for Discretionary Review. Appellant has indicated to the undersigned attorney that he is without funds to hire an attorney, but believes that he can raise money within the month to hire an attorney.

3. Defendant is currently free on bond.

W HEREFORE, PREM ISES CONSIDERED , appellant respectfully requests an extension of 60 days, i.e. until October 12, 2015, to file a petition for discretionary review.

Respectfully submitted,

Gary L. W aite

104 Lamar Ave.

Paris, Texas 75460

(903) 785-0096

(903) 785-0097

By:/s/G ary L. W aite

Gary L. W aite

State Bar No. 20667500

garywaite@ sbcglobal.net

Attorney for Gerald M ac Lowrey

C ER TIFIC A TE O F SER VIC E This is to certify that on A ugust 12, 2015, a true and correct copy of the above and foregoing document was served on the County A ttorney's Office, Lamar County, 119 N. M ain, Paris, Texas 75460, by personal delivery.

/s/ G ary L. W aite

Gary L. W aite